About site: Law/Legal Information/Computer and Technology Law/Specific Cases - State of Oregon vs Randal Schwartz

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Title: Law/Legal Information/Computer and Technology Law/Specific Cases - State of Oregon vs Randal Schwartz Computer security case involving Intel, and the criminal prosecution of Randall Schwartz, author of 2 well respected books on the Perl language.

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State of Oregon vs Randal Schwartz computer security case

Computer Crime?

State of Oregon v. Randal SchwartzWashington County Circuit Court C94-0322CRComplaint brought by Mr. Schwartz's client, the Intel Corporation

In late July 1995, a trial jury convicted Randal L. Schwartzof three felony counts under Oregon's Computer Crime Law. Thecharges related to his activities while working as a consultantat an Intel Corporation facility in Beaverton, Oregon. His sentence issued in September includes 5years of probation, 480 hours of community service, 90 days ofdeferred (cancellable) jail time, and $68k of restitutionto Intel. His legal bill exceeded $170k by the end of 1995. InJuly, 1998, the deferred jail-time sentence would have taken effect. Due toexcellent compliance with terms of probation the judge convertedthe deferred jail time to suspendedjail time. Schwartz appealed the conviction. A decision by the State of Oregon Court of Appeals in April 2001 upheld the convictionson all counts, but reversed the restitution order and sent thisissue back to the original court for reconsideration.In early 2007, the Court ordered an expungement (pdf). The orderstates: ".. the defendant, for all purposes of the law, shall be deemednot to have been previously convicted or arrested."The order seals the court records and eliminates some lingering effects of the conviction.Mr. Schwartz is known and respected on the Internet for hiscontributions to the progress of the Perl programming languagethrough two books, long-time participation in thecomp.lang.perl(.misc) newsgroup, moderation of thecomp.lang.perl.announce newsgroup, and training courses. The purpose of this archive is to help prevent what happenedto Randal Schwartz from happening to any other well-intentionedcomputing professional. That requires insight into thisunforeseen application of a law that is intended to protectorganizations against thieves, spies, and casual intruders to theenforcement of a corporation's internal rules of operation. Thecontents are contributed by members of the Friends of RandalSchwartz, a mailing list including computer security, law,and education professionals interested in exploring why and howthat could happen. Your comments and questionsare welcome.

The Basics

Intel's Prosecution of Randal Schwartz, (local mirror) Jeffrey Kegler's pro-Schwartz introductory statement focusing on the problems raised by Oregon v. Schwartz for computing professionals and others. (earlier version) Prosecution's closing statement (36k) and rebuttal to defense's closing from the last day of the trial. Court of Appeals decision.
Documents
Oregon Computer Crime Law: 1993, applicable in trial | 1995, current version Intel investigative report by Mark Morrissey Notes from police+Intel interrogation of Schwartz at his home Court materials Sentence in Randal Schwartz's words September 11, 1995 Restitution in Randal Schwartz's words January 8, 1996 Results of leniency petition to Randal's judge. The fors-discuss FAQ (V4) (material is dated).
Discussion
Jeffrey Kegler's Letters from Cybersalem Usenet news postings from the time around the trial in 1995: Chronological index (link is over 100k) Thread index (link is over 100k) Selected threads (short -- better starting point) You can follow the fors-discuss email list or subscribe via a Yahoo discussion group.
Press reports (some full text)
Boston Magazine | Communication Week and others | Matrix News | New York Times | Oregonian | San Jose Mercury News
What you can do
Don't let yourself get into this kind of mess! Start by reading up on the computing professional ethics codes online. Find your area's computer crime law. (In the USA this is mostly a State issue but there are some Federal laws.) Review an open letter to Intel | all signers by name | familiar signers | statistics. (now closed to new signatures). Review a petition to the Oregon State Bar: wording | signers by name | statistics (now closed to new signatures) Email a blank message to fund@stonehenge.com to read Randal Schwartz own expression of the story. Make a defense fund donation via First Virtual
Related resources on the Internet
Online materials | Organizations | Mailing lists | Other indicesHits since 15 April, 1996:

Computer	security	case	involving
Intel,	and	the	criminal	prosecution
of	Randall	Schwartz,	author	of
2	well	respected	books	on
the	Perl	language.

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State of Oregon vs Randal Schwartz 2008 July

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Computer security case involving Intel, and the criminal prosecution of Randall Schwartz, author of 2 well respected books on the Perl language.

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